Analysis and Commentary on Uncategorized

Economic Stagnation, Social Security, and the Future: Young People Should Blame the Rich and Powerful, Not the Baby Boomers

Justia columnist, George Washington law professor, and economist Neil Buchanan argues that young people's ire at the Baby Boomers and the state of Social Security is misplaced. He contends that, despite baleful commentary on the state of the Social Security, it will be there for today's young people, unless they choose to dismantle it. Much more worrisome, Buchanan explains, is economic inequality in America, which is affecting both today's young people, and many of the Baby Boomers alike. He also notes that Social Security, while stable, could be further fortified by taxing the non-labor income of especially high earners.

Why Are Republicans Determined to Waste Money on Government? The Upside-Down Logic of Taking Responsibilities (and Funding) Away From the IRS

Justia columnist, George Washington law professor, and economist Neil Buchanan comments on the recent IRS scandal, which he contends is better labeled a “non-scandal” limited to low-level mistakes and mid-level crisis mismanagement. He also covers the current state of the IRS, its role in American life, and the reasons its reach has expanded. Buchanan also warns that if we move the IRS out of its current role, we do so at our peril.

The First of Many Expected Five-Four Rulings at the Supreme Court this Term: Clapper v. Amnesty International USA Rejects Plaintiffs’ Standing to Challenge Foreign Surveillance

Justia columnist and U.C., Davis law professor Vikram David Amar comments on the recent Supreme Court ruling in the Clapper case, which raised the question whether Amnesty International USA and other plaintiffs had standing to go to court to challenge a law passed by Congress in 2008 that permits the federal government to undertake additional surveillance and information-gathering with respect to persons outside the United States. In a 5-4 ruling, the Court held that the plaintiffs lacked standing to challenge that law; Amar explains the reasoning of the majority and that of the dissent, respectively.

Is a Defamation Case a Good Remedy for Cyberbullying? An Atlanta Girl Tests the Law

Justia columnist and attorney Julie Hilden comments on a case in which an Atlanta teen, Alex Boston, is suing two of her classmates for libel, in connection with an instance of cyberbullying on Facebook. Hilden consider the pros and cons of using libel law to fight cyberbullying; suggests that there may be some weaknesses in Boston's case; and discusses the current legal uncertainty as to whether schools can punish off-campus speech that is related to the school, such as Facebook postings in which one student, or a group of students, bullies another student. With the Supreme Court so far silent on this issue, Boston and her parents invoked libel law, in lieu of a school punishment for the perpetrators. But Hilden questions whether, given the facts of the case, and given libel law's requirements, Boston's case can succeed. Hilden also provides some ideas for other teens who may seek to end the bullying that they suffer—including, if their parents do not support the filing of a lawsuit, and the case is extreme—possibly proceeding on their own with a guardian ad litem.

Hawaii’s Battle Over Its Statutes of Limitations for Child Sex Abuse: Why the Legislature Was Right to Unanimously Vote for Reform, and Why the Governor Should Not Fulfill His Veto Threat

Justia columnist and Cardozo law professor Marci Hamilton comments on the situation unfolding in Hawaii with respect to the state's laws regarding statute of limitations for child sex abuse. As she explains, Hawaii's House and Senate each unanimously passed a bill that would create a two-year-long window of opportunity for child sex-abuse victims to file civil claims against their abusers, and against those who aided the abusers, even if the former statute of limitations had previously expired; and that would eliminate civil statutes of limitations entirely. But Hamilton – who has worked on the legislation with Sen. Maile Shimabukuro, abuse survivors, and others over the past year – notes that Hawaii governor Neil Abercrombie has issued a statement indicating that he will veto the bill. Hamilton takes strong issue with his reasons for doing so, and contends that he should change his mind.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois Co... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar, a Professor of Law at The George Washington Univ... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb tea... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.  Bef... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has w... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of L... more

Marci A. Hamilton
Marci A. Hamilton

Marci A. Hamilton is one of the leading church/state scholars in the United States, a Fox Distinguis... more

David S. Kemp
David S. Kemp

David S. Kemp is an attorney, writer, and editor at Justia. He received his B.A. in Psychology from... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record... more

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Ronald D. Rotunda
Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at... more